LD 1347
pg. 2
Page 1 of 2 An Act Addressing an Allegation of Prior Conviction When the Sentence Is Enhanc... LD 1347 Title Page
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LR 1591
Item 1

 
If the defendant disputes the accuracy of a representation
concerning a conviction or adjudication, the court shall grant a
continuance to determine the accuracy of the record.

 
SUMMARY

 
This bill does 3 things. First, it transfers the basic
allegation requirement relating to a prior conviction to be used
for sentencing enhancement, including the definition of
sentencing enhancement, from the Maine Revised Statutes, Title
15, section 757 to a new section 9-A of the Criminal Code, Title
17-A. Second, it transfers the issue of identity from Title 15,
section 757 to a new section 9-A of the Criminal Code, Title 17-
A. Third, it repeals the remaining procedural portions of Title
15, section 757 and directs, in the new section 9-A of the
Criminal Code, Title 17-A, that the manner of alleging a prior
conviction in a charging instrument and conditions for using that
prior conviction at trial be as the Supreme Judicial Court
provides by rule.


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